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<h1>Common Public License Version 1.0</h1>
<tt>
</tt>
<p><tt>THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS
COMMON PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR
DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS
AGREEMENT. </tt></p>
<p><tt><b>1. DEFINITIONS </b></tt></p>
<p><tt>"Contribution" means:</tt></p>
<blockquote>
  <p><tt>a) in the case of the initial Contributor, the initial code
and documentation distributed under this Agreement, and </tt></p>
  <p>
  <tt>b) in the case of each subsequent Contributor:</tt></p>
  <p>
  <tt>i) changes to the Program, and</tt></p>
  <p>
  <tt>ii) additions to the Program;</tt></p>
  <p><tt>where such changes and/or additions to the Program originate
from and are distributed by that particular Contributor. A Contribution
'originates' from a Contributor if it was added to the Program by such
Contributor itself or anyone acting on such Contributor's behalf.
Contributions do not include additions to the Program which: (i) are
separate modules of software distributed in conjunction with the
Program under their own license agreement, and (ii) are not derivative
works of the Program.</tt></p>
</blockquote>
<p><tt>"Contributor" means any person or entity that distributes the
Program. </tt></p>
<p><tt>"Licensed Patents " mean patent claims licensable by a
Contributor which are necessarily infringed by the use or sale of its
Contribution alone or when combined with the Program.</tt></p>
<p><tt>"Program" means the Contributions distributed in accordance with
this Agreement. </tt></p>
<p><tt>"Recipient" means anyone who receives the Program under this
Agreement, including all Contributors. </tt></p>
<p><tt><b>2. GRANT OF RIGHTS</b></tt></p>
<blockquote>
  <p><tt>a) Subject to the terms of this Agreement, each Contributor
hereby grants Recipient a non-exclusive, worldwide, royalty-free
copyright license to reproduce, prepare derivative works of, publicly
display, publicly perform, distribute and sublicense the Contribution
of such Contributor, if any, and such derivative works, in source code
and object code form.</tt></p>
  <p>
  <tt>b) Subject to the terms of this Agreement, each Contributor
hereby grants Recipient a non-exclusive, worldwide, royalty-free patent
license under Licensed Patents to make, use, sell, offer to sell,
import and otherwise transfer the Contribution of such Contributor, if
any, in source code and object code form. This patent license shall
apply to the combination of the Contribution and the Program if, at the
time the Contribution is added by the Contributor, such addition of the
Contribution causes such combination to be covered by the Licensed
Patents. The patent license shall not apply to any other combinations
which include the Contribution. No hardware per se is licensed
hereunder.</tt></p>
  <p><tt>c) Recipient understands that although each Contributor grants
the licenses to its Contributions set forth herein, no assurances are
provided by any Contributor that the Program does not infringe the
patent or other intellectual property rights of any other entity. Each
Contributor disclaims any liability to Recipient for claims brought by
any other entity based on infringement of intellectual property rights
or otherwise. As a condition to exercising the rights and licenses
granted hereunder, each Recipient hereby assumes sole responsibility to
secure any other intellectual property rights needed, if any. For
example, if a third party patent license is required to allow Recipient
to distribute the Program, it is Recipient's responsibility to acquire
that license before distributing the Program.</tt></p>
  <p><tt>d) Each Contributor represents that to its knowledge it has
sufficient copyright rights in its Contribution, if any, to grant the
copyright license set forth in this Agreement.</tt></p>
</blockquote>
<p><tt><strong>3. REQUIREMENTS</strong> </tt></p>
<p><tt>A Contributor may choose to distribute the Program in object
code form under its own license agreement, provided that: </tt></p>
<blockquote>
  <p><tt>a) it complies with the terms and conditions of this
Agreement; and</tt></p>
  <p>
  <tt>b) its license agreement:</tt></p>
  <p><tt>i) effectively disclaims on behalf of all Contributors all
warranties and conditions, express and implied, including warranties or
conditions of title and non-infringement, and implied warranties or
conditions of merchantability and fitness for a particular purpose;
  </tt></p>
  <p><tt>ii) effectively excludes on behalf of all Contributors all
liability for damages, including direct, indirect, special, incidental
and consequential damages, such as lost profits;
  </tt></p>
  <p><tt>iii) states that any provisions which differ from this
Agreement are offered by that Contributor alone and not by any other
party; and
  </tt></p>
  <p><tt>iv) states that source code for the Program is available from
such Contributor, and informs licensees how to obtain it in a
reasonable manner on or through a medium customarily used for software
exchange.
  </tt></p>
</blockquote>
<p>
<tt>When the Program is made available in source code form:</tt></p>
<blockquote>
  <p><tt> a) it must be made available under this Agreement; and</tt></p>
  <tt> </tt>
  <p><tt> b) a copy of this Agreement must be included with each copy
of the Program.
  </tt></p>
</blockquote>
<p><tt>Contributors may not remove or alter any copyright notices
contained within the Program.</tt></p>
<tt> </tt>
<p><tt>Each Contributor must identify itself as the originator of its
Contribution, if any, in a manner that reasonably allows subsequent
Recipients to identify the originator of the Contribution. </tt></p>
<p><tt><strong>4. COMMERCIAL DISTRIBUTION</strong> </tt></p>
<p><tt>Commercial distributors of software may accept certain
responsibilities with respect to end users, business partners and the
like. While this license is intended to facilitate the commercial use
of the Program, the Contributor who includes the Program in a
commercial product offering should do so in a manner which does not
create potential liability for other Contributors. Therefore, if a
Contributor includes the Program in a commercial product offering, such
Contributor ("Commercial Contributor") hereby agrees to defend and
indemnify every other Contributor ("Indemnified Contributor") against
any losses, damages and costs (collectively "Losses") arising from
claims, lawsuits and other legal actions brought by a third party
against the Indemnified Contributor to the extent caused by the acts or
omissions of such Commercial Contributor in connection with its
distribution of the Program in a commercial product offering. The
obligations in this section do not apply to any claims or Losses
relating to any actual or alleged intellectual property infringement.
In order to qualify, an Indemnified Contributor must: a) promptly
notify the Commercial Contributor in writing of such claim, and b)
allow the Commercial Contributor to control, and cooperate with the
Commercial Contributor in, the defense and any related settlement
negotiations. The Indemnified Contributor may participate in any such
claim at its own expense.
</tt></p>
<p><tt>For example, a Contributor might include the Program in a
commercial product offering, Product X. That Contributor is then a
Commercial Contributor. If that Commercial Contributor then makes
performance claims, or offers warranties related to Product X, those
performance claims and warranties are such Commercial Contributor's
responsibility alone. Under this section, the Commercial Contributor
would have to defend claims against the other Contributors related to
those performance claims and warranties, and if a court requires any
other Contributor to pay any damages as a result, the Commercial
Contributor must pay those damages.
</tt></p>
<p><tt><strong>5. NO WARRANTY</strong></tt></p>
<p>
<tt>EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS
PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY
KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY
WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely responsible
for determining the appropriateness of using and distributing the
Program and assumes all risks associated with its exercise of rights
under this Agreement, including but not limited to the risks and costs
of program errors, compliance with applicable laws, damage to or loss
of data, programs or equipment, and unavailability or interruption of
operations. </tt></p>
<p><tt><strong>
6. DISCLAIMER OF LIABILITY </strong></tt></p>
<p><tt>EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER
RECIPIENT NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
(INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY
THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE
OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED
HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. </tt></p>
<p><tt><strong>7. GENERAL</strong></tt></p>
<tt> </tt>
<p><tt>If any provision of this Agreement is invalid or unenforceable
under applicable law, it shall not affect the validity or
enforceability of the remainder of the terms of this Agreement, and
without further action by the parties hereto, such provision shall be
reformed to the minimum extent necessary to make such provision valid
and enforceable. </tt></p>
<p><tt>If Recipient institutes patent litigation against a Contributor
with respect to a patent applicable to software (including a
cross-claim or counterclaim in a lawsuit), then any patent licenses
granted by that Contributor to such Recipient under this Agreement
shall terminate as of the date such litigation is filed. In addition,
if Recipient institutes patent litigation against any entity (including
a cross-claim or counterclaim in a lawsuit) alleging that the Program
itself (excluding combinations of the Program with other software or
hardware) infringes such Recipient's patent(s), then such Recipient's
rights granted under Section 2(b) shall terminate as of the date such
litigation is filed.</tt></p>
<p><tt>All Recipient's rights under this Agreement shall terminate if
it fails to comply with any of the material terms or conditions of this
Agreement and does not cure such failure in a reasonable period of time
after becoming aware of such noncompliance. If all Recipient's rights
under this Agreement terminate, Recipient agrees to cease use and
distribution of the Program as soon as reasonably practicable. However,
Recipient's obligations under this Agreement and any licenses granted
by Recipient relating to the Program shall continue and survive. </tt></p>
<p><tt>Everyone is permitted to copy and distribute copies of this
Agreement, but in order to avoid inconsistency the Agreement is
copyrighted and may only be modified in the following manner. The
Agreement Steward reserves the right to publish new versions (including
revisions) of this Agreement from time to time. No one other than the
Agreement Steward has the right to modify this Agreement. IBM is the
initial Agreement Steward. IBM may assign the responsibility to serve
as the Agreement Steward to a suitable separate entity. Each new
version of the Agreement will be given a distinguishing version number.
The Program (including Contributions) may always be distributed subject
to the version of the Agreement under which it was received. In
addition, after a new version of the Agreement is published,
Contributor may elect to distribute the Program (including its
Contributions) under the new version. Except as expressly stated in
Sections 2(a) and 2(b) above, Recipient receives no rights or licenses
to the intellectual property of any Contributor under this Agreement,
whether expressly, by implication, estoppel or otherwise. All rights in
the Program not expressly granted under this Agreement are reserved. </tt></p>
<p><tt>This Agreement is governed by the laws of the State of New York
and the intellectual property laws of the United States of America. No
party to this Agreement will bring a legal action under this Agreement
more than one year after the cause of action arose. Each party waives
its rights to a jury trial in any resulting litigation.</tt></p>
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